Heritage Tree #2 Designation and Preservation Agreement Heritage Tree #2 Designation and Preservation Agreement
Upon acceptance by the Tigard City Council on September 12, 2006, I, Gary and Gay Fantz, the owners of
the following described property,agree that a certain tree or trees thereon and more fully described herein
shall be placed on the City of Tigard's list of Heritage Trees and thereafter preserved and protected. We
recognize and agree that placement on this list is due to the landmark importance of the tree due to age, size,
species,horticultural quality or historic importance of such tree and its retention will not interfere with the
use of the property upon which it is located.
The property on which the tree is located is described on the records of the Washington County Department
of Assessment and Taxation as: 2S1 1 1BCO2300.
The species of the tree to be preserved is a Monkey Puzzle (Araucania araucana). The tree is more particularly
located on the northwestern most portion of the property, approximately 10' south of the northern property
line and 8' east of the western property line. The Monkey Puzzle (Araucania araucana) is approximately 60' tall
and 35'wide.
*Address,Tax Lot number,property lines,and tree description are per January 2008 City maps and records.
As owners of the property and the tree,we recognize and agree that this Heritage Tree designation does not
affect our title and, therefore,we will indemnify and hold the City harmless from any claim which challenges
this designation. We also understand and agree that tree maintenance, care and/or pruning continues to be
our responsibility as the property owners and not the City's,and that we will, to the best of our ability,
preserve the tree from disease and death.
Finally,we agree to forfeit any exemption we may have from the Tigard Municipal Code which might
otherwise permit us to cut down the tree. This forfeiture of exemption does not prohibit us from requesting
removal of the designation of Heritage Tree in accordance with section 9.08.060 of the Tigard Municipal
Code.
The covenants and conditions in this agreement shall run with the land and shall bind ourselves, as well as
our heirs, successors and assigns. A separate Declaration of Restrictive Covenant for Heritage Tree#2 is
filed in the County Recorder's Office.
BY:
Date wnU's name)
BY:
Date owne 's name)
Approved and accepted by the Tigard City Council this qday of ;20
CITY OF TIGARD,OREGO
BY: Z,��
Mayor
BY: 1,3
City Recorder